Government to clarify speargun licensing after Cabinet discussion

Government has promised to look into the issue of speargun licences “as soon as possible” after the issue was debated in Parliament’s Finance Committee last month.

In response to a question from Bodden Town West MP Chris Saunders on what the current situation was regarding speargun licences, Environment Minister Katherine Ebanks-Wilks said that renewals were currently being granted but that no new applications were being approved.

“It’s one of the areas where we need to ensure that we have some sort of regulations or clear guidelines to the public on how and which applications can be processed,” Ebanks-Wilks said, adding that it needed to be taken to caucus to determine the government’s policy position and then “move it forward”.

She told MPs that the ministry had recently received legal advice on the issue from the attorney general that will be submitted to the Department of Environment and will then be sent to the National Conservation Council to implement.

Regulation history

In 1986, to protect larger species of reef fish and the coral itself, the unlicensed possession and importation of spearguns became an offence in the Cayman Islands. Then in 2009, the manufacture of spearguns and parts was also outlawed.

It is thought that more than 120 spearguns are still legally licensed for use in Cayman but with the restrictions on getting new parts or a new licence, there have been calls for the issue to be clarified once and for all.

During the debate on the issue, Deputy Opposition Leader Kenneth Bryan said that there were “undercurrents” in the debate that were being avoided, adding, “There’s an internal battle within the political viewpoint on this matter and the difference in viewpoint with the Department of Environment. There are bodies in there that do not support this and they’re doing everything they can to stop the process from happening. … But we have got to stop this. You either are going to deliver on the speargun licence or tell this country you’re not going to do it.”

Ebanks-Wilks rejected his depiction and replied that government had been focusing on the budget rather than the issue of speargun licences, but said that it was something that was going to be discussed.

“I think that the safest response at this stage is to say that Cabinet just needs to deliberate on the provisions that have been put forward so that we can get that implemented and then the applications can start to be processed,” she said, later confirming, “I’m going to take the policy on spearguns to Cabinet for approval as soon as possible.”

In a written response, the Department of Environment said that it first implemented speargun licensing and catch limits when the first legal Marine Park protections came into force 40 years ago, after several regional reports confirmed the severe impact spear fishing had on local fish populations.

It added: “From a conservation perspective, regulating the amount of take is an essential component of any management plan, and indeed, the severe impacts speargun fishing has on both biodiversity and also on the reef itself are key drivers for a strict approach to management.”

Current speargun regulations

• No one may use a pneumatic or mechanical speargun (includes Hawaiian sling, polespear, harpoon, hookstick or any device with a pointed end which may be used to impale, stab or pierce any marine life, but does not include a striker) or seine net without a licence.
• Speargun licences are limited to Caymanians over 18 years old.
• Speargun catch limit: Three fish per licensed person per day (excluding lionfish).
• No one may use a speargun in any lagoon, sound or a body of water which does not exceed 20 feet in depth.
• No one may use a spear gun or seine net within a designated Grouper Spawning Area.
• Spearguns cannot be used to take Nassau grouper or parrotfish.
• Licence holders must carry their licence when using fish pots, nets or spear fishing and adhere to licence conditions.
• No spear fishing within 200 yards (meters) of any dive or snorkel vessel flying a dive flag indicating there are divers or snorkellers in the water, excluding the vessel from which the licensee is snorkelling. 
• No one may import a speargun or any parts for a speargun.

Violation of any of these laws is an offence carrying a maximum penalty of a $500,000 fine and four years in jail. Upon conviction, forfeiture of the vessel or other equipment may also be ordered.